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HomeMy WebLinkAbout12-19-77 Council Meeting MinutesREGULAR MEETING DECEMBER 19, 1977 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, December 19, 1977, at 7:00 p.m. Council President Parent presiding. The meeting was called to order, and the Pledge to the Flag was given. ROLL CALL PRESENT: Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent ABSENT: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your sub - committee on the inspection and supervision of the minutes would respectfully re- port that it has inspected the minutes of the November 28, 1977 meeting of the Council and founc them correct. The sub - committee, therefore, recommends that the same be approved. /s /Roger 0. Parent /s /Mary Christine Adams Council Member Serge made a motion that the minutes of the November 28, 1977 meeting of the Council be placed on file, seconded by Council Member Dombrowski. The motion carried. REPORT OF COUNCIL COMMITTEES Council Member Miller indicated that the Century Center Committee had a meeting and recommended favorably on the budget, with the stipulation on the Natlea lease that the actual purchase be reviewed. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Serge. The motion carried. COMMITTEE OF THE WHOLE. Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, December 19, 1977, at 7:06 p.m., with nine members present. Chairman Frank Horvath presiding. REGULAR MEETING DECEMBER 19, 1977 COMMITTEE OF THE WHOLE MEETING BILL NO. 156 -77 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (13ACRE TRACT WEST SIDE OF PORTAGE AVENUE, NORTH OF HIGHLAND SUBDIVISION, FIRST SECTION - RIBOURDE DRIVE.) Mr. Bert Ford, attorney for the petitioner, said the petitioner desired to withdraw this bill. He then gave the petitioner's reasons for withdrawal. Council Member Adams made a motion to withdraw the bill and petition, seconded by Council Member Serge. The motion carried. BILL NO. 157 -77 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (913 SOUTH 30TH STREET, SOUTH BEND, INDIANA.). This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Bert Ford, attorney for the petitioner, the National Bank, made the presentation for the bill. He said this rezoning will provide additional off -stre parking for the River Park Branch of the bank. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 176 -77 A BILL APPROPRIATING ALL PARKING GARAGE FEES AND FUNDS FOR THE YEAR 1978 TO THE BOARD OF PUBLIC WORKS OF THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR THE USES AND PURPOSES SET FORTH THEREIN, IN ACCORDANCE WITH CHAPTER 190 OF THE ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF INDIANA OF 1955. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentation for the bill. He indicated that this budget was approximately $20,000 higher than 1977. He said they planned to paint the Colfax Garage this coming year. Council President Parent indicated there was a substantial increase in personnel. Mr. Mullen indicated they were using cashiers from the Parking Garage Fund to handle Century Center's parking lot. Council President Parent asked if there was any plan to reimburse this item. Mr. Mullen indicated they would have to take a look at the Century Center's operating expense at the end of the year. Council President Parent indicated he would like to see a change in these budgets, in.order that they would reflect each department's expenses within their own budget. Council Member Miller indicated it was dif- ficult to make any true allocation of resources or expenses in any department. Council Member Szymkowiak made a motion to recommend this bill favorable to the Council, seconded by Council Member Dombrowski. Council Member Kopczynski indicated he thought the parking fees from Century Center should be put in the Parking Garage budget. Council Member Adams asked why the salary for the director was not included in the Parking Garage budget Mr. Mullen indicated that there was a change in job classification and he now handles both the garages and meters and his salary was put in the Parking Meter budget. The motion carried, with Council Member Kopczynski opposing. BILL NO. 177 -77 A BILL APPROPRIATING ALL PARKING METER FEES AND FUNDS FOR THE YEAR 1978 TO THE BOARD OF PUBLIC WORKS OF THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR THE USES AND PURPOSES SET FORTH THEREIN, IN ACCORDANCE WITH CHAPTER 208 OF THE ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF INDIANA 'OF 1965. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentation for the bill. Council Member Horvath asked what they were purchasing in motor equipment for $6,000. Mr. Mullen said they were buying a new station wagon. Council Member Adams indicated they should purchase an economical wagon. Mr. Mullen said they would buy the least expensive. Council Member Adams indicated that the salary of the director was going from $11,191 to $15,000. Mr. Mullen said this was due to the extra responsibility of the .director, since he is also res- ponsible for the parking lot at Century Center. Council Member Miller made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. Council President Parent indicated he was disappointed in the lack of explanatory information given the Council on these budgets. He said more detailed information was needed. He said he would like the Clerk's office to inform all departments and bureaus that letters should be more explanatory. The motion carried. BILL NO. 178 -77 A BILL APPROPRIATING $92,985 FROM THE WATER WORKS BUDGET FUND 30 DEPRECIATION FUND INTO LINE ITEM 710 BUILDINGS, STRUCTURES AND IMPROVEMENTS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentation for the bill. He said this was to purchase Aqua, Inc. Council President Parent made a motion to recommend this bill favorable to the Council, seconded by Council Member Taylor. The motion carried. Council Member Kopczynski asked if this money was coming from the Water Works. Mr. Mullen indicated this was correct. He said this was not in the same guidelines as Clay Utilities Council Member Adams asked if the revenue from Aqua was included into the Clay payments. Mr. Brunner, City Attorney, indicated that to the best of his knowledge they were not included. Mr. Patrick McMahon, City Engineer, indicated that the wells will be operating in the South Bend syst( and all revenue would go to the South Bend Water Works. Council Member Adams asked Mr. Brunner to research her question of whether the revenue from Aqua was included into the Clay payments. The motion carried, with Council Members Kopczynski, Adams and Horvath opposing. REGULAR MEETING DECEMBER 19, 1977 COMMITTEE OF THE WHOLE (CONTINUED) SILL NO. 186 -77 A BILL APPROPRIATING $318,000.00 FROM THE COMMUNITY DEVELOP- MENT BLOCK GRANT FUND, TO IMPROVE THE FIRE - FIGHTING CAPACITY OF SOUTH BEND'S FIRE DEPARTMENT, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOP- MENT AND THE DEPARTMENT OF PUBLIC WORKS. This being the time.set for public hearing on the above bill, proponents and opponents were give an opportunity to be heard. Mr. Carl Ellison, Director of Community Development, made the pre- sentation for the bill. He said this appropriation was to allow for the demolition of existing Fire Station #6 and for the construction of a new fire station on the same site. He presented a letter to the City Clerk which indicated the Administration wished to amend its..previous state- ment regarding the deletion of the $8,000 originally planned for the continuation of a Historic Preservation Survey. He said in its place the Administration wished to insert $8,000 from Com- munity Development Administration. Council President Parent asked when they will file a bill on the $8,000 for Historic Preservation. Mr. Ellison indicated that the Administration would have to meet with Historic Preservation before any bill could be presented to the Council. Coun President Parent said he would.like Council and the Administration to meet with Historic Presery tion. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 187 -77 A BILL APPROPRIATING $50,000.00 FROM THE COMMUNITY DEVELOP- MENT BLOCK GRANT FUND, TO CONTINUE PROJECT REBATE (HOUSING REHABILITATION), TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND BUREAU OF HOUSING. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. Carl Ellison, Director of Community Development, mad the presentation for the bill. He said Project Rebate has surpassed their expectation regarding public response, acceptance and participation. He said based upon the apparent success of Proje Rebate they feel this appropriation would be an effective and efficient use of Community Develop ment moneys. Council Member Adams made a motion to recommend this bill to the Council favorable seconded by Council Member Serge. The motion carried. BILL NO. 188 -77 A BILL APPROPRIATING $30,000.00 FROM THE COMMUNITY DEVELOP- MENT BLOCK GRANT FUND, FOR THE PROVISION OF DAY CARE SERVICES, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND THE COMMUNITY COORDINATED CHILD CARE OF ST. JOSEPH COUNTY, INC. This being the time heretofore set for public hearing on the above bill, proponents and opponent! were given an opportunity to be heard. Ms. Patricia Osmon, of Community Development, made the presentation for the bill. She said this would be used for the seven non - profit day care agenci( in the City. She said families below fifty (50) percent to seventy (70) percent range receive subsidies according to a sliding scale table. Council Member Szymkowiak asked about the bus service available for the Day Care Centers. Ms. Ethel Middlebrook,. of Community Coordinated Child Care of St. Joseph County, indicated that the three Hanzel Centers have busses. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Miller. The motion carried. BILL NO. 189-77 A BILL APPROPRIATING $5,000.00 FROM THE COMMUNITY DEVELOP - MENT BLOCK GRANT, FOR PLANNING AND DEVELOPMENT OF SOCIAL SERVICE PROGRAMS TO SERVE THE SPANISH- SPEAKING CITIZENS OF SOUTH BEND, TO BE ADMINISTERED BY THE DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT. This being the time heretofore set for public hearing on the above bill, proponents and opponent! were given an opportunity to be heard. Mr. Carl Ellison, Director of Community Development, mad( the presentation for the bill. He said they were seeking this funding for the development of a multi - service community center for growing concentrations of Spanish- speaking persons within several of South Bend's neighborhoods. He said this $5,000 would be used to cover non- personnel costs. Mr. Arthur Quigley, 1019 N. Francis, spoke in favor of this bill. Council Member Adams made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 190 -77 A BILL TRANSFERRING $429.80 AMONG VARIOUS BUDGET CLASSIFICA- TIONS OF THE DEPARTMENT OF LAW WITHIN THE GENERAL FUND OF THE CITY OF SOUTH BEND. This being the time heretofore set for public hearing on the above bill, proponents and opponent! were given an opportunity to be heard. Mr. Thomas Brunner, City Attorney, made the presentation for the bill. He said this transfer would be used to purchase law books and furniture needed in the Law Department. Council Member Adams made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 191 -77 A BILL APPROPRIATING $22,185 FROM THE COMMUNITY DEVELOP- MENT BLOCK GRANT FUND FOR THE COMMUNITY DEVELOPMENT AD- MINISTRATION COSTS TO BE ADMINISTERED THROUGH THE DIVISION OF COMMUNITY DEVELOPMENT. This being the time heretofore set for public hearing on the above bill, proponents and opponent! were given an opportunity to be heard. Mr. Carl Ellison, Director of Community Development, mad( the presentation for the bill. He said an urgent need exits for additional staff. He said this would fund salary for a chief planner, draftsman and two- thirds of a secretary III. Council President Parent indicated he supported this request for additional staff. He made a motion to recommend this to the Council'favora ble, seconded by Council Member Taylor. The motion carried, 1 REGULAR MEETING DECEMBER 19, 1977 COMMTTTEE OF THE WHOLE (CONTINUED) BILL NO. 192 -77 A BILL TRANSFERRING THE SUM OF $13,225 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE SOLID WASTE BUDGET, IN THE SOLID WASTE FUND OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Michael Vance, Deputy Controller, made the presenta- tion for the bill. He said this transfer was necessary so that the Bureau could properly functio: during the balance of 1977. He indicated certain accounts were operating in the red at the pre- sent time. Council Member Adams asked if these accounts can be in the red. He said he would ask the State Board of Accounts for a clarification. Council Member Serge made a motion to re- commend this bill to the Council favorable, seconded by Council Member Adams. The motion carried BILL NO. 193 -77 A BILL TRANSFERRING $64,800.00 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE CENTURY CENTER OPERATIONS BUDGET, FA 117, A PART OF THE REVENUE SHARING TRUST FUND OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentation for the bill. He said this transfer was necessary because of certain conditions which have de- veloped since the adoption of the existing budget. He said that an amendment should be made to reduce account 110 Salaries and Wages, Reg., by $3,000, and account 120 Salaries and Wages, Temp. by $2,000, and change Electric Current to $36,000. Council Member Miller made a motion to amend the bill, seconded by Council Member Serge. The motion carried. Council Member Adams indicated she could not support this bill. She indicated they were paying $135,000 to rent $104,000 worth of furniture and at the end of five years the bank would own the furniture. Mr. Brian Hedman, Executive Director of Century Center, indicated that could be correct, but it was possible to pay -off the lease in advance and negotiate for the furnishings. Council Member Kopczynski in- dicated that the City could legally wind up paying the rent and end up with nothing. Council Member Miller indicated this was essentially correct, but there was an element of trust involved. Council Member Kopczynski asked why the City negotiated this lease. Mr. Mullen indicated there was not a great deal of difference between a lease and lease - purchase. He said the bank has no need for these furnishings. Council Member Adams indicated they were paying a high price for these furnishings. Council President Parent.indicated that the Council was going to ask a lot of questions about Century Center, but that does not mean the Council was against Century Center. Council Member Serge made a motion to recommend the bill to the Council favorable, as amended, seconded by Council Member Dombrowski. The motion carried, with Council Members Dombrowski. The motion carried, with Council Members Kopczynski and Adams opposing. BILL NO. 194 -77 A BILL APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE OPERATING EXPENSES OF CENTURY CENTER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1978, AND ENDING DECEMBER 31, 1978, INCLUDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Fred Kahn, member of the Century Center Board, made the presentation for the bill. Mr. Peter Mullen, City Controller, asked than an amendment be made to the bill by changing the Convention Director to Program Director and reducing the salary to $14,850, thus reducing the bill accordingly. He then covered all budget items. Council Member Adams made a motion to amend the bill, seconded by Council Member Taylor. The motion car- ried. Council Member Adams made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Taylor. The motion carried, with Council Member Horvath op- posing. BILL NO. 195 -77 A BILL TRANSFERRING THE SUM OF $1,650..00 FROM VARIOUS ACCOUNTS WITHIN FA 115, DISCOVERY HALL BUDGET, IN THE REVENUE SHARING TRUST FUND OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentation for the bill. He said this transfer was necessary so that Discovery Hall will be able to properl, perform its functions. Council President Parent made a motion to recommend this bill to the Council favorable, seconded by Council Member Serge. The motion carried. BILL NO. 196 -77 A_BILL TRANSFERRING $12,800.00 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE DEPARTMENT OF ADMINISTRA- TION AND FINANCE IN THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set forpublic hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made.the presentation for the bill. He said this transfer was necessary in order that the Department will be able to properly function during the balance of the year. Council Member Taylor made a motion to recom- mend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion car- ried. BILL NO. 200 -77 A BILL TRANSFERRING $1,000.00 AMONG THE VARIOUS BUDGET CLASSIFICATIONS OF THE COMMON COUNCIL WITHIN THE GENERAL FUND OF THE CITY OF SOUTH BEND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council President Parent made the presentation for the bill. He said this transfer was being made to cover the expenses of the Council Members that attended the National League of Cities convention. He said this money might not be used, but it was being transferred in case it was needed. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. There being no further business to come before the Committee of the Whole, Council President REGULAR MEETING DECEMBER 19, 1977 Parent made a motion to rise and report to the Council and recess, seconded by Council Member Miller. The motion carried and the meeting was recessed at 9 :35 p.m. ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: Chairman Be it remembered thst the regular meeting of the Common Council of the City of South Bend re- convened in the Council Chambers on the fourth floor of the County -City Building at 9:55 p.m., Council President Parent presiding and nine Council Members present. BILLS. SECOND READING BILL NO. 156 -77 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (13 ACRE TRACT WEST SIDE OF PORTAGE AVENUE, NORTH OF HIGHLAND SUBDIVISION, FIRST SECTION - RIBOURDE DRIVE.) Council Member Horvath made a motion to strike this bill, seconded by Council Member Taylor. The motion carried. ORDINANCE NO. 6272 -77 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (913 SOUTH 30TH STREET, SOUTH BEND, INDIANA.) This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Horvath. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6273 -77 AN ORDINANCE APPROPRIATING ALL PARKING GARAGE FEES AND FUNDS FOR THE YEAR 1978 TO THE BOARD OF PUBLIC WORKS OF THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR THE USES AND PURPOSES SET FORTH THEREIN, IN ACCORDANCE WITH CHAPTER 190 OF THE ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF INDIANA OF 1955. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes and one nay (Council Member Kopczynski.) ORDINANCE NO. 6274 -77 AN ORDINANCE APPROPRIATING ALL PARKING METER FEES AND FUNDS FOR THE YEAR 1978 TO THE BOARD OF PUBLIC WORKS OF THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR THE USES AND PURPOSES SET FORTH THEREIN, IN ACCORDANCE WITH CHAPTER 208 OF THE ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF INDIANA OF 1965. This bill had second reading. Council Member Miller made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6275 -77 AN ORDINANCE APPROPRIATING $92,985 FROM WATER WORKS BUDGET FUND 30 DEPRECIATION FUND INTO LINE ITEM 710 BUILDINGS, STRUCTURES AND IMPROVE- MENTS. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Miller. The bill passed by a roll call vote of six ayes and three nays (Council Members Kopczynski, Adams and Horvath.) ORDINANCE NO. 6276 -77 AN ORDINANCE APPROPRIATING $318,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, TO IMPROVE THE FIRE - FIGHTING CAPACITY OF SOUTH BEND'S FIRE DEPARTMENT, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND THE DEPARTMENT OF PUBLIC WORKS. This bill had second reading. Council Member Kopczynski made a motion to pass this bill, second( by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6277 -77 AN ORDINANCE APPROPRIATING $50,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, TO CONTINUE PROJECT REBATE (HOUSING REHABILITATION), TO BE AD- MINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND BUREAU OF HOUSING. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. REGULAR MEETING DECEMBER 19f 1977 REGULAR MEETING RECONVENED (CONTINUED) ORDINANCE NO. 6278 -77 AN ORDINANCE APPROPRIATING $30,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, FOR THE PROVISION OF DAY CARE SERVICES, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND BUREAU OF HOUSING. This bill had second reading. Council Member Miller made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6279 -77 AN ORDINANCE APPROPRIATING $5,000.00 FROM THE COM- MUNITY DEVELOPMENT BLOCK GRANT, FOR PLANNING AND AND DEVELOPMENT OF SOCIAL SERVICE PROGRAMS TO SERVE THE SPANISH - SPEAKING CITIZENS OF SOUTH BEND, TO BE ADMINISTERED BY THE DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6280 -77 AN ORDINANCE TRANSFERRING $429.80 AMONG THE VARIOUS BUDGET CLASSIFICATION SDF THE DEPARTMENT OF LAW WITHIN THE GENERAL FUND OF THE CITY OF SOUTH BEND. This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6281 -77 AN ORDINANCE APPROPRIATING $22,185 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR COMMUNITY DEVELOP- MENT ADMINISTRATION COSTS TO BE ADMINISTERED THROUGH THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Adams. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6282 -77 AN ORDINANCE TRANSFERRING THE SUM OF $13,225 FROM VARIOUS TO VARIOUS ACCOUNTS WITHIN THE SOLID WASTE BUDGET, IN THE SOLID WASTE FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Dombrowski made a motion to pass this bill, seco by Council Member Adams. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6283 -77 AN ORDINANCE TRANSFERRING $64,800.00 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE CENTURY CENTER OPERATIONS BUDGET, FA 117, A PART OF THE REVENUE SHARING TRUST FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Taylor made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. Council Member Szymkowiak made a motion to pass the bill, as amended, seconded by Council Member Taylor. The bill passed by a roll call vote of seven ayes and two nays (Council Members Kopczynski and Adams.) ORDINANCE NO. 6284 -77 AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE OPERATING EXPENSES OF CENTURY CENTER OF.THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1978, AND ENDING DECEMBER 31, 1978, INCLUDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had second reading. Council Member Taylor made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. Council Member Horvath made a motion to delete the $1,000 salary for the Parking Garage manager, seconded by Council Member Adams. The motion failed. Council Member Miller made a motion to pass the bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of seven ayes and two nays (Council Members Kopczynski and Horvath.) ORDINANCE NO. 6285 -77 AN ORDINANCE TRANSFERRING THE SUM OF $1,650.00 FROM VARIOUS ACCOUNTS WITHIN FA 115, DISCOVERY HALL BUDGET, IN THE REVENUE SHARING TRUST FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Kopczynski. The bill passed by a roll call vote of eight ayes and one nay (Council Member Horvath.) ORDINANCE NO. 6286 -77 AN ORDINANCE TRANSFERRING $12,8E?0.00 AMONG:_VARIOUS__ ACCOUNTS, ALL.ACCOUNTS "BEING WITHIN -THE DEPARTMENT OF ADMINISTRATION AND FINANCE "IN.THE_ GE NERAL = FUND OF -.THE CITY OF SOUTH BEND, INDIANA._ This bill had second reading. Council Member Taylor made a motion to pass the bill, seconded by Council Member Kopczynski. The bill passed by a roll call vote of nine ayes. REGULAR MEETING DECEMBER 19, 1977 REGULAR MEETING RECONVENED (CONTINUED) ORDINANCE NO. 6287 -77 AN ORDINANCE TRANSFERRING $1,000 AMONG THE VARIOUS BUDGET CLASSIFICATIONS OF THE COMMON COUNCIL WITHIN THE GENERAL FUND OF THE CITY OF SOUTH BEND. This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 596 -77 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARD OF ONE CONTRACT IN EXCESS OF $5,000.00 FOR THE GENERAL REHABILITATION WORK IN THE COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, under theprovisions of Ordinance No. 5872 -75, passed by the South.Bend Common Council on August 11, 1975, all contracts in excess of $5,000 must be approved by the Common Councils and WHEREAS, low bids for the general rehabilitation work under the Community Development Hosuing Program have exceeded $5,000. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana; 1. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana, to enter into a contract with the Charles Brown Maintenance Co., Inc. for the general rehabilitation work on the following properties: Lot #28, Lot #43, Lot #43, Lot #28, Lot #23, Lot #11, Lot #39, Lot #66, Lot #48 Lot #37, Lot #69, Lot #33, Lot #4, Lot #21, Pleasant Home Add. Pleasant:View Add. Rockhill Plt Augustine Add. Klingel's Michigan Avenue Add. Klingel's Michigan Avenue Add. Orchard Heights Add. Orchard Heights 2nd Add. & 49, Augustine Add. Orchard Heights 1st. Add. Orchard Heights 2nd Add. Birner Place Cushing's 2nd Add. Vassar Park Add. 718 Sancome Ave. 1022 College Street 1021 Brookfield Street 917 N. Adams Street 524 Cleveland Ave. 529 N. Blaine Ave. 623 N. Walnut Street 645 N. Diamond 1812 California St. 617 N. Walnut Street 631 N. Diamond Ave. 1109 N. Birner Street 716 N. Allen Street 1017 N. Lawndale Ave. Total $3,295.00 3,733.00 5,936.00 2,710.00 2,138.00 5,341.50 4,156.00 4,106.00 2,666.50 3,510.00 4,066.00 3,507.00 809.00 6,183.00 $52,157.00 2. That this resolution shall be in full force and effect from and after its adoption by the Common Council and its approval by the Mayor of the City of South Bend, Indiana. RESOLUTION NO. 597 -77 /s/ Mary Christine Adams Member of the Common Council A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARD OF ONE CONTRACT IN EXCESS OF $5,000.00 FOR THE ELECTRICAL REHABILITATION WORK IN THE COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, under the provisions of Ordinance No. 5872 -75, passed by the South Bend Common Council on August 11, 1975, all contracts in excess of $5,000 must be approved by the Common Council; and WHEREAS, low bids for the electrical rehabilitation work under the Community Development Hosuing Program have exceeded $5,000. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana; 1. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana, to enter into a contract with the BW Electric Company for the electrical rehabilitation work on the following properties: Lot #28, Lot #43, Lot #43, Lot #28, Lot #23, Lot #11, Lot #39, Lot #66, Lot #48 Lot #37, Lot #69, Lot #33, Lot #4, Pleasant Home Add. Pleasant View Add. Rockhill Plat Augustine Add. Klingel's Michigan Avenue Add. Klingel's Michigan Avenue Add. Orchard Heights Add. Orchard Heights Add. & 49 Augustine Add. Orchard Heights lst Add. Orchard Heights 2nd Add. Birner Place Cushing's 2nd Add. 718 Sancome Ave. 1022 College Street 1021 Brookfield Street 917 N. Adams Street 524 Cleveland Ave. 529 N. Blaine Ave. 623 N. Walnut Street 645 N. Diamond Ave. 1812 California St. 617 N. Walnut Street 631 N. Diamond Ave. 1109 N. Birner Street 716-N. Allen Street Total $1,255.00 781.00 1,011.00 845.00 1,110.00 1,272.00 1,322.00 570.00 705.00 1,257.00 663.00 290.00 61 ,00 REGULAR MEETING DECEMBER 19, 1977 REGULAR MEETING RECONVENED (CONTINUED) 2. That this resolution shall be in full force and effect from and after its adoption by the Common Council and its approval by the Mayor of the City of South Bend, Indiana. /s /Mary Christine Adams Member of the Common Council A public hearing was held at this time on the resolutions. Mr. James Harcus, Director of the Bureau of Hosuing, indicated these resolutions were for general and electrical rehabilitation on the properties listed in the resolutions. Council Member Adams questioned the fact that they were installing exterior electrical outlets. Mr. Harcus indicated this was required by HUD. Council Member Serge made a motion to adopt Resolution No. 596 -77, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. Council Member Miller made a motion to adopt Resolution No. 597, seconded by Council Member Dombrowski. The Resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 598 -77 WHEREAS, petition and agreement for annexation of real estate described in Exhibit A in- corporated herein, made a part hereof and marked Exhibit A has been entered into by and between the City of South Bend acting through its Board of Public Works and Indiana Franklin Realty, Inc. an Indiana corporation, owner of such said territory, and Edward Rose of Indiana, an Indiana limited partnership, developer of said territory, and WHEREAS, an ordinance for the annexation of said territory has been submitted to the Common Council of the City of South Bend, and WHEREAS, the developer of said territory proposes the construction of a garden apartment complex therein which would require special zoning and approval of a proposed site development plan, and WHEREAS, the developer will not be able to utilize said land as planned unless zoning is granted to build the garden apartment complex and the site plan is approved to enable compatible land utilization, and WHEREAS, it is the intention of the owner if annexation of said territory is granted by the Common Council and if suitable zoning and a site plan approval for the planned development is not granted and approved, that petition be filed pursuant to statute for disannexation of said territory. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That if the annexation ordinance of the aforesaid territory is passed by the Common Council and signed by the Mayor and said annexation becomes effective and if the rezoning of said territory or the site plan approval is not granted to enable the developer to construct its proposed garden type apartment complex thereon, the City will make no objection to a timely petition for disannexation filed pursuant to statute by the owner of said territory. SECTION II. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. /s/ Mary Christine Adams Member of the Common Council PETITION FOR ANNEXATION AND ANNEXATION AGREEMENT This agreement, made and entered into this 14th day of December, 1977, betweenthe City of South Bend, An Indiana Municipal Corporation, hereinafter referred to as the "City" and Indiana Limited Partnership hereinafter referred to as "Developer ". WHEREAS, the City, Owners and Developer desire to have certain real estate annexed and incorpora- ted within the corporate limits of the CIty of South Bend, A Municipal Corporation, of the State of Indiana, which real estate is as described in Exhibit A attached hereto, incorporated herein and made a part hereof. WHEREAS, the Owner is the record title holder of the subject property of this Annexation Agree- ment, and WHEREAS, the territory hereinabove described is adjacent to and contiguous to the said City of South Bend, County of St. Joseph, State of Indiana being presently situated in Penn Township, County of St. Joseph, State of Indiana; as attached hereto, made a part hereof and incorporated herein, is a scale map of the proposed territory to be annexed to the City of South Bend, Indiana showing the boundaries thereof, and its relation to the municipal cities involved, which map is marked Exhibit B, and WHEREAS, the Developer is proposing the construction of a garden apartment complex on the subject property of this Annexation Agreement. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and agreements set forth herein, the parties hereto agree that this Petition for Annexation to the City of South Bend is expressly conditioned upon the Common Council of the City of South Bend adopting an annexation ordinance providing for the following: A. The Owner is the fee simple title holder of 100% of the land in the territory described in Exhibit A attached hereto and does hereby petition the Common Council of the City of South Bend for voluntary annexation of and.to bring within the boundaries of the City the real estate described herein. B. The City agrees.that the Developer may connect without cost to existing water mains of the City located along Ironwood Road and Ireland Road and may extend water mains ffrom such connections to serve the development complex. Such main extensions shall be at the Developer's cost and shall be constructed according to published REGULAR MEETING DECEMBER 19, 1.977 REGULAR MEETING RECONVENED (CONTINUED City standards. Should the City deem it advisable that any of such mains should be of a size in excess of that necessary to serve the development complex, the cost of such oversizing shall be paid for by the City. The City shall, if requested by the Developer, furnish engineering and design consultation to the Developer without cost. C. The City has existing storm water retention basins located in the immediate vicinity of Inwood and Ironwood Road and of Ireland Road and Ironwood Road. The Developer may construct, without retention, such drains as it deems necessary at its cost to provide storm water drainage for its property into such City owned retention basins and the City shall accept such drainage without charge to the Developer. D. The City agrees that the Developer may connect without cost, fee or special assessment to existing sewer mains of the City located along Ironwood Road and Ireland Road and may extend sewer mains from such connections to serve the develop - ment complex. Such sewer extensions shall be at the Developer's cost and shall be constructed according to published City standards. Should the City deem it advisable that any of such sewers should be of a size in excess of that necessary to serve the development complex, the cost of such oversizing shall be paid for by the City. The City shall, if requested by the De- veloper, furnish engineering and design consultation to the Developer without cost. E. It is understood and agreed by the parties hereto that there will be no charge to the Owner_or Developer for connection of individual units or buildings to sanitary sewers, water mains and /or storm water outfalls. F. The City shall provide police protection to the annexed territory as soon as any development is constructed and access roads into the territory have been constructed and opened. The City shall provide fire protection to the annexed territory as soon as any development is constructed, access roads have been constructed and opened and fire hydrants installed and rendered operative. G. The covants herein shall bind and insure to the benefit of the executors, administrators, successors and assigns of the respective parties. ATTEST: /s/ A. H. Stuhlman A. H. Stuhlman Asst. Secretary ATTEST: /s /Arthur C. Osterwald Arthur C. Osterwald ATTEST: /s /Patricia DeClercq EXHIBIT "A" INDIANA FRANKLIN REALTY, INC. BY: /s/ ` J. F. Stark J. F. Stark Vice President EDWARD ROSE OF INDIANA, an Indiana Limited Partnership BY: /s/ Edward Ravitz, Agent Edward Ravitz THE CITY OF SOUTH BEND, by its Board of Public Works BY: /s /Thomas J. Brunner, Jr. Thomas J. Brunner, Jr. /s /Peter H. Mullen Peter H. Mullen /s/ Patrick M. McMahon Patrick M. McMahon Part of the NW 4 of Sec. 29, T37N, R3E, more particularly described as follows: Beginning at the NE corner of said quarter Section; thence S00010103" E along the East line of said quater Section a distance of 1326.02 feet to the North line of Sunnyslope 3rd. Subdivision; thence S89039140" along the North line of said Subdivision a distance of 992.58 feet to the NW corner of said Subdivision; thence S00014109" E a distance of 1321.20 feet to the South line of the NW 1/4 of Sec. 29, as aforesaid; thence N90099'00" W along said South line a distance of 664.66 feet to a point; thence N00000100" E a distance of 1318.21 feet to a point; thence S89038'22" W a distance of 990.00 feet to the West line of said Sec. 29; thence N00000'00" E along said West line a distance of 217.14 feet to a point 1097.21 feet South of the NW Corner of said Sec. 29; thence N890 34109" E a distance of 990.00 feet to a point; thence NOOo00'00" E parallel to and 990.00 feet East of West line of said Sec. 29 a distance of 1099.86 feet to the North line of said Sec. 29; thence N89024157" E along said North line a distance of 1648.04 feet to the point of be- ginning. Containing +75.10 acres in Penn Township, St. Joseph County, Indiana. REGULAR MEETING DECEMBER 19, 1977 REGULAR MEETING RECONVENED (CONTINUED) A public hearing was held at this time on the resolution. Mr. Arthur Osterwald of Edward Rose of Indiana, indicated this resolution was being requested because if the developer is unable to get the proper zoning the petitioner wants the option of filing a dis- annexation petition. He said this property would be used to develop an apartment complex. Mr. George Carmichael, 17401 Battles Dr., read the following into the record: "We wish to present to the South Bend City Council notice of our acute concern as to the proposed annexation of the 70.9 acre plot at Ironwood and Ireland for the purpose of its development by the Edward Rose Company of Indina (offices in Kalamazoo, Michigan) into an apartment complex of 1,135 units - -under the particular present plan as described in the South Bend Tribune. We ask you to consider that this proposal has surfaced at the busiest time of the year for families, thus placing those who are concerned about it at great disadvantage so far as adequate preparations for presenting our concerns and objections. We ask you to consider that what inquiries we have made downtown during the last two months brought forth no information from the agencies and that the South Bend Tribune articles gave us our only information—and this only at the very brink of the starting of the processes regarding the Rose proposal. We point out that the use of this large land area should result in permanent benefit to the community. We are deeply concerned about the quality of construction that would go into the building of any structures by any builder on this large land site, and we are concerned about density, design, safety features, etc. The designated sum of $10 million for construction by Rose of 1,135 units indicates to us very low - cost construction at today's prices—and more so, considering that costs other than construction also were listed as accruing to the builder. All of this would apparently indicate something less than $8800 to be applied to the construction of a unit. We object to discrimination against the contiguous areas of high -value dwellings that is couched in the present Rose plan. We object to the propect of this particular proposed land use becoming even less of an asset to the community as the years pass. We ask: What actual financial benefit to the City of South Bend would result from the use of this land under the present Rose plan; that is, financial benefit over and above the costs to the City and the taxpayers that will be involved. In summation, we do not object to the use of the land for the real benefit of people and the area. We object to the construction of dwellings on it of the quality presently proposed. We ask that there be an upgrading of the quality of construction and whatever in the plans would relate to lasting bene- fit. We feel that, for the good of the City as a whole, construction on this land site should not be of such nature as to result eventually in primarily a tax write -off for the builder, and we ask you to consider if this is a possibility. We ask that the City, the Builder, and the area residents cooperate in seeing to a proper, sensible, fair upgrading of the use of this land." Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 599 -77 A RESOLUTION AUTHORIZING THE TEMPORARY TRANSFER OF IDLE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FROM THE CUMU- LATIVE SEWER BUILDING AND SINKING, CUMULATIVE CAPITAL IMPROVEMENT, LOCAL ROADS AND STREETS, FEDERAL ASSISTANCE GRANT FUNDS AND WASTEWATER DEPRECIATION FUND, WATER WORKS DEPRECIATION FUND AND WASTEWATER GENERAL FUND, TO THE CORPORATION GENERAL, PART MAINTENANCE, POLICE PENSION, FIRE PENSION, REDEVELOPMENT, HUMAN RELATIONS AND FAIR EMPLOYMENT PRACTICES COMMISSION FUNDS, MOTOR VEHICLE HIGHWAY FUNDS, ALL FUNDS BEING WITHIN THE CIVIL CITY OF SOUTH BEND, INDIANA WHEREAS, a necessity exists to provide funds for the Corporation General, Park Maintenance, Police Pension, Firemen Pension, Redevelopment, Human Relations and Fair Employment Practices Commission, Motor Vehicle Highway Funds prior to the receipts of taxes in the year 1978, in order to meet the current operating expenses of the City, provided for in the budget and appropriation adopted for the year 1978, which expenses must be met prior to the receipt of taxes in the year 1978, and WHEREAS, there are monies on deposit to the credit of various funds of the CIty, to -wit: Cumulative Sewer Building and Sinking, Cumulative Capital Improvement, Local Roads and Streets and Federal Assistance Grant, Wastewater Depreciation, and Water Works Depreciation Funds which can be temporarily advanced or transferred to the various funds already mentioned, and WHEREAS, Chapter 71 of the Acts of 1961 of the Indiana General Assembly authorized the Common Council of the Civil City of South Bend, by Resolution adopted by such Council, to ad- vance and transfer to a depleted fund from any other such fund, such amount and for such period of time as may be prescribed in the Resolution, NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. That the City Controller of the City of South Bend is authorized to transfer an aggregate amount not to exceed $4,000,000.00 to various funds from various other funds as listed below. The aggregate amount of $4,000,000.00 to be distributed so as not to exceed at any one time the maximum amounts as set forth below. Any such transfers made must be repaid by December 31, 1978. FROM: MAXIMUM Cumulative Sewer Building & Sinking Fund $750,000.00 Local Roads and Street Fund 500,000.00 Federal Assistance Grant Fund 750,000.00 Wastewater General Fund 1,250,000.00 Wastewater Depreciation Fund 500,000.00 Water Works Depreciation Fund 250,000.00 $4,000,000.00 TO: MAXIMUM Corporate General Park Maintenance Fund Police Pension Fund Firemen Pension Fund Cumulative Capital Improve- ment Fund $2,325,000.00 500,000.00 250,000.00 250,000.00 150,000.00 Human Relations & Fair Employment Practices Comm. Fund 25,000.00 Motor Vehicle & Highway Fund 500,000.00 $4,000.000.00 REGULAR MEETING DECEMBER 19, 1977 H H REGULAR MEETING RECONVENED (CONTINUED SECTION II. Such transfer shall be made for a period of time not to extend beyound Decemb 31, 1978, and such funds so transferred shall be returned and repaid to the original funds from which they were transferred. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and its approval by the Mayor. RESOLUTION NO. 600 -77 /s /Mary Christine Adams Member of the Common Council A RESOLUTION AUTHORIZING THE CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA TO INVEST CERTAIN IDLE FUNDS DURING THE YEAR 1978 IN ACCORDANCE WITH CHPATER 9 OF THE 1945 ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF INDIANA, AS AMENDED. WHEREAS, there are certain idle funds of the Civil City of South Bend which may be invested for periods of time without affecting the operations of the various departments:of the City,,and WHEREAS, Chapter 9 of the 1945 Acts of the General Assembly of the State of Indiana enable the Controller to invest such idle funds with the approval of the Common Council. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. That during the calendar year 1978, the Controller invest certain idle funds of the Civil City of South Bend for such periods of time that he determines are not needed for the normal operations of the various departments of Civil City. SECTION II. This Resolution shall be in full force and effect from and after its passage by the Common Council and its approval by the Mayor. /s /Mary Christine Adams Member of the Common Council A public hearing was held at this time on the resolutions. Mr. Peter Mullen, City Controller, indicated that this type of resolution has come before the Council every year. Council Member Miller made a motion to adopt Resolution No. 599 -77, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. Council Member Miller made a motion to adopt Resolution No. 600 -77, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 601 -77 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE CENTURY CENTER BOARD OF MANAGERS ENTERING INTO A (5) YEAR CONTRACT FOR THE LEASING OF FURNITURE, FIXTURES, AND EQUIP - MENT TO BE USED AT CENTURY CENTER. WHEREAS, it would be beneficial to the operational and financial management of Century Center for the Board of Managers to enter into a (5) year contract for the leasing of furnishing: and equipment at Century Center. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana that: SECTION I. The Contract entered into between the Century Center Board of Managers and The National Bank Leasing Company in an amount not to exceed $104,000.00 is hereby approved and con- firmed. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Mary Christine Adams Member of the Common Council A public hearing was held at this time on the resolution. Mr. Peter Mullen, City Controller, indicated that this lease arose out of the fact that the Board of Managers did not have money to purchase the furniture. He said this was not bid because of the element of time. Ms. Karen Gleason, Executive Director of Civic Planning indicated this lease was not in the best interests of the taxpayer. She said that she saw no alternative but to approve the lease, since the facili should not be hampered by a $100,000 investment for furniture. Mr. John Sheehan, 819 Arch Avenue indicated he thought the money was to come from the refinancing of the bond issue. Mr. Mullen indicated that the money was used in the construction. Mr. Sheean asked if any of the furniture items were bid. Mr. Mullen indicated that eighty percent of the dollars involved on this request were bid. Council Member Miller made a motion to adopt this resolution, seconded by Council Memk Szymkowiak. Council Member Adams indicated she had no idea they were going to spend tax dollars on the furnishing of Century Center. Council President.Parent indicated the Council was not satisfied with the procedure used on this lease. Council Member Kopczynski indicated the Council did not receive the Board of Works minutes. He said he would.like to request these minutes each week. The resolution was adopted by a roll call vote of seven ayes and three nays (Council Members Kopczynski, Adams and Horvath.) y R REGULAR MEETING DECEMBER 19 1973 REGULAR MEETING RECONVENED (CONTINUED RESOLUTION NO. 602 -77 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING THE CENTURY CENTER BOARD OF MANAGERS ENTERING INTO A (5) YEAR CONTRACT FOR THE LEASING OF THE THEATRE LIGHTING FOR USE AT THE CENTURY CENTER. WHEREAS, it is essential to the success of Century Center for the theatre to have all its operating equipment in use as soon as possible, and WHEREAS, it would be beneficial both operationally and fiscally for the Board of Managers to enter into a (5) year lease for the lighting for use in Century Center. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend that: SECTION I. The Century Center Board of Managers are hereby approved and authorized to entel into a (5) year lease contract for the lighting equipment at Century Center in a maximum amount of Three Thousand Three Hundred and Thirty -Three Dollars and Seventy -Seven Cents ($3,333.77) per month for sixty (60) months, with the option to purchase at One Dollar ($1.00). SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Roger 0. Parent Member of the Common Council A public hearing was held at this time on the resolution. Mr. Peter Mullen, City Controller, said that only one bid was received for the contract. Mr. John Sheenan, 819 Arch Avenue, asked if this was a lease - purchase. Mr. Mullen indicated it was. Mr. Sheenan indicated he thought the audio was already purchased. Mr. Mullen indicated that was correct. Council Member Adams made a motion to remove "and audio" from the resolution, seconded by Council Member Dombrowski. The motion carried. Council Member Miller made a motion to amend Section I by adding,, after maximum amount, $3,333.77 per month for sixty months with the option to purchase at $1.00, seconded by Council Member Taylor. The motion carried. Council Member Miller made a motion to adopt the resolution, as amended, seconded by Council Member Serge. The resolution was adopted by a roll call vote of six ayes and two nays (Council Members Kopczynski and Adams) Council Member Horvath was out of the Chambers.) Council President Parent indicated that the Council does not have enough time to study the resolu- tions before they vote of them. He asked the Council attorney, to look into the time element regarding the filing of resolutions. BILLS, FIRST READING BILL NO. 201 -77 A BILL APPROPRIATING $45,240.00 FROM THE EQUAL EMPLOYMENT OPPORTUNITY FUND TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading January 23, 1978, seconded by Council Member Adams. The motion carried BILL NO. 202 -77 A BILL APPROPRIATING $27,425.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS LAW ENFORCEMENT PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF LAW. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading January 9, 1978, seconded by Council Member Taylor. The motion carried BILL NO. 203 -77 A BILL APPROPRIATING $53,200.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR VARIOUS PUBLIC SAFETY PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading January 9, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 204 -77 A BILL APPROPRIATING $110,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR OPERATING THE DISCOVERY HALL PORTION OF CENTURY CENTER FOR THE CALENDAR YEAR 1978, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading January 9, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 205 -77 A BILL APPROPRIATING $57,931.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY KNOWN AS GENERAL REVENUE SHARING, FOR THE OPERATION OF CENTURY CENTER, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, THROUGH THE CENTURY CENTER BOARD OF MANAGERS. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading January 9, 1978, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING DECEMBER 19, 1977 REGULAR MEETING RECONVENED (CONTINUED) BILL NO. 206 -77 A BILL APPROPRIATING $290,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY KNOWN AS GENERAL REVENUE SHARING, FOR THE OPERATION OF THE YOUTH SERVICES BUREAU, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF HUMAN RESOURCES. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading January 9, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 207 -77 A BILL APPROPRIATING $49,460.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE RIVER BEND PLAZA, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF PUBLIC WORKS. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading January 9, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 208 -77 A BILL APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVE- NUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO THE REAL ESTATE VENTURES PROJECT. This bill had first reading. Council Membe rAdams.made a motion to set this bill for public hearing and second reading January 9, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 209 -77 A BILL APPROPRIATING $100,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, FOR THE CONTINUATION OF URBAN RENEWAL ACTIVITIES, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND THE DEPARTMENT OF RE- DEVELOPMENT. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading January 23, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 210 -77 A BILL APPROPRIATING $36,500.00 FROM THE FEDERAL REVENUE SHARING GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE POLICE RECRUIT PROGRAM, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE POLICE DEPARTMENT.; This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading January 9, 1978, seconded by Council Member Dombrowski. The motion carried. ORDINANCE NO. 6288 -77 AN ORDINANCE TRANSFERRING $20,000.00 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE POLICE DEPARTMENT BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Adams made a motion to suspend the rules and have public hearing and second reading, seconded by Council Member Dombrowski. The motion carried on a roll call vote of nine ayes. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentation for the bill. He indicated he wanted to balance out the account before the end of the year. He said this was the money used for "Instant Replay." Cou Member Horvath made a motion to pass this bill, seconded by Council Member Adams. The bill passed by a roll call vote of nine ayes. BILL NO. 212 -77 A BILL APPROPRIATING $87,183.00 FROM THE ANTI- RECES- SION FUND, COMMONLY KNOWN AS THE COUNTER- CYCLICAL GRANT, FOR VARIOUS ADMINISTRATIVE AND PUBLIC SAFETY PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first hearing and second carried. BILL NO. 213 -77 reading. Council Member Adams made a motion to set this bill for public reading January 9, 1978, seconded by Council Member Dombrowski. The motion A BILL APPROPRIATING $4,049.00 FROM THE JUNK VEHICLE FUND OF THE CITY OF SOUTH BEND, INDIANA, FOR VARIOUS ENVIRONMENTAL PROGRAMS TO BE ADMINISTERED BY THE DE- PARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading January 23, 1978, seconded by Council Member Dombrowski. The motion carried. 1 REGULAR MEETING DECEMBER 19, 1977 REGULAR MEETING RECONVENED (CONTINUED) BILL NO. 214 -77 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (3012 E. EDISON ROAD). This bill had first reading. Council Member Adams made a motion to refer this bill and petition to Area Plan, seconded by Council Member Dombrowski. The motion carried. BILL NO. 215 -77 A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. This bill had first reading. Council Member Adams made a motion to refer this bill to the City Engineer, seconded by Council Member Dombrowski. The motion carried. Council Member Miller made a motion to set this bill for public hearing and second reading January 9, 1977, seconded by Council Member Taylor. The motion carried. Council Member Adams asked for the City Engineer' recommendation by January 3, 1977. BILL NO. 216 -77 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (ARDMORE TRAIL, BENDIX DRIVE AND PRAST BOULEVARD). This bill had first reading. Council Member Adams made a motion to refer this bill to Area Plan, seconded by Council Member Dombrowski. The motion carried. UNFINISHED BUSINESS Council President Parent indicated the following was a list of bills and a resolution to be stricken from the record: BILL A BILL AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (NORTHEAST CORNER OF MIAMI AND JACKSON ROAD) BILL AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, (CHAPTER 21, MUNICIPAL CODE) (1827 IRELAND ROAD.) BILL A BILL AMENDING ORDINANCE NO. 499.0 -68, AS AMENDED, COMMONLY KKOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (NORTHEAST CORNER OF FILLMORE ROAD AND CLEMENS ST.) BILL A BILL AMENDING ORDINANCE NO. 490 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE.) ( FILLMORE ROAD NORTH OF WESTWOOD LANE.) BILL NO. 1 -77 BILL NO. 2 -77 BILL NO. 145 -77 BILL NO. 149 -77 RESOLUTION A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (NORTH SHORE DRIVE.) A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE.) A BILL DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THECITY OF SOUTH BEND. (ODD FELLOWS BLDG.) A BILL AMENDING CHAPTER 2, ARTICLE 4 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY THE ADDITION OF SECTION 2 -28 ENTITLED ANTI- NEPOTISM. A RESOLUTION OF THE COMMON COUNCIL REQUESTING COMMITTEE OF THE WHOLE REPORT ON COUNCIL ETHICS Council President Parent asked for a motion to strike all but the Historic Landmark Bill No. 145 -77. Council Member Dombrowski made a motion to strike the bills and resolutions, except Bill No. 145 -77, from the record, seconded by Council Member Taylor. The motion carried. Council Member Adams asked Mr. Brunner to research whether it is possible for the Parking Garage Fund to be charged with the expenses of Century Center and not be credited with the revenue. There being no further business to come before the Council, unfinished or new, Council Member Miller made a motion to adjourn, seconded by Council Member Taylor. The motion carried and the meeting was adjourned at 11:15 p.m. ATTEST: APPROVED: